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A successful lawyer's advice 50
出处:法律顾问网·涉外www.flguwen.com     时间:2011/1/3 20:39:00

the success of the 50 lawyers advised

If you are a practicing lawyer, it means you want the rule of law in the long journey with the days of fighting, and ground fighting, with people fighting, fighting with the French, and were fighting, fighting with Lee, you ready?

1, lawyers have a noble quality. As the saying goes: "Knowledge not as good as the ability, capacity better quality." Lawyers have first to solve the problem of existence, but the lawyer's professional ethics, the conscience of lawyers and lawyers love than money, fame and fortune is more important.
2, lawyers have a profound knowledge. Reserves are not limited to counsel's knowledge of law, a successful lawyer must have profound knowledge. The rapid development of knowledge-based economy, today's ever-changing social disputes, lawyers do not study the day should be eliminated. Counsel should be more studied under economic knowledge, scientific and technological knowledge, management know-how and knowledge of foreign languages and so on, which lawyers have a significant role in the development.
3, lawyers have a firm faith. A lawyer easy to do a successful lawyer is not easy. Counsel to distinguish right from wrong, speaking out for justice, respect for the rule of law, to defend justice, lawyers should always be prepared for the rule of law and cry for free running, let the evidence speak for justice forever.
4, lawyers have a positive frame of mind. The win did not win the case, it is the sorrow of the rule of law; the case Quemo lose lose, but the rule of law is not necessarily a blessing. As long as we're committed to, and on no regrets of. Therefore, lawyers must have super 抗击打能力, suffered physical and psychological capabilities and excellent psychological quality.
5, lawyers have a wide range of contacts. A person's success is the success of interpersonal relationships, a successful lawyer should be the master of interpersonal relationships.
lawyers are relying on the relationship between capacity and dinner, but want to eat eat, eat good, without a good network of people is totally unacceptable. "A good sweat 3 Gang," the lawyers, but also need a team, definitely need more need warmth, but also need protection.
6, lawyers have a strong physique. The nature of attorney, a lawyer must have a resistant, can play, can toss a good body. Work as a lawyer did not rule, rest, dinner time is not fixed, pressure, worry more, less understood, no one to talk. If you do not have good body, and then a great ambition will become zero.
untimely death of Zhang Yongtao lawyer, an east wind lawyer, is a lesson.
7, counsel must be diligent communication, good observation. "Good horses out in the legs, good sweating in the mouth." Although some absolute, but for counsel by such a brain, relying on nothing more than taking food industry, but it is an indisputable fact.
statement is the basic skills of lawyers to observe the run-up device is a lawyer. Whether to do the plaintiff's agent, or the defendant's counsel, talk, observe and marketing, is a learning, but also an art.
8, lawyers should learn to dress and learn to dress up. Although freelance lawyer, but as a rule of law, the unicorn, the guardian of justice, will be dressed, will dress up is a "compulsory."
lawyer dressing should be dignified, decent, generous, piercing quality, piercing grace, to wear clothing with temperament. Modest dress is the best modification, "people are clothes horse is a saddle," lawyers are no exception.
9, a lawyer with a smile. Smile is the world's best passes and lubricants, because it is too thin, so it is even more valuable. Lawyers have to face a variety of parties, a smile appears to Goodwill; lawyers have to face the police officers, judges, a smile appeared respected; lawyers have to face the prosecutors and other lawyers, a smile appears to self-confidence; counsel to face colleagues, friends and family looked relaxed and smiling .
put a smile carved into his face, the self-installed in the chest, invincible.
10, a lawyer and carried a business card. Interpersonal communication in the business card in the present, seem important. Lawyers are selling themselves, displaying charisma industry. We should let the people remember their names, but also remember the other's name.
11, lawyer out there to lead his briefcase. Which is best filled with notebook computers, mini audio, video equipment, commonly used in legal instruments and contacts and so on, to facilitate the timely preservation of evidence, and timely contact with clients and contractors, so that against danger.
12, lawyer with the client talk to cadence, resonate powerfully. The parties and lawyers to talk through to get the impression of lawyers. In order to obtain the trust of the parties, they must win the party's affection and admiration, decent conversation, careful thinking, can not be or have.
13, lawyers say should pay attention to situations, grasp the sense of proportion. Solicitor and his client conversations can not be ambiguous, to the point. Because in the minds of the parties, the law is sacred, and lawyers are tall, the omnipotent, if the lawyers say far-fetched, the parties did not think that the level of lawyers. At the same time, lawyers can not reveal everything, without reservation. If a lawyer to be said all that, and the parties themselves understood, they will not entrust lawyers.
14, a lawyer and learn to respect the judges. Both civil and administrative cases, or criminal cases, the implementation of the case, counsel as an agent or a defender to win the respect of judges, to convince the judge, we must know the trial process, take the initiative to maintain the court order, and let the facts, evidence and their own personal charm to win favor.
15, a lawyer and learn to respect the prosecutor. In particular, the debate in the courts, lawyers, as advocates, prosecutors, as prosecutors, two-place battle of words, patch of land to prevent. Counsel should be pointed out sharply, concise reasoning. Neither rhetoric, grandstanding, or vexatious or sophistry.
16, a lawyer and learn to respect the opposing party and counsel. Whether in the exchange of evidence, the court investigation, or in the court debate, the final statement, counsel can not be laughed at, ridicule each other, let the facts and evidence through evidence, cross examination, debate and presentation, more clarity and credible.
17, lawyers will not be false promises. Some lawyers in order to win the trust of the parties did not hesitate against the "Lawyer's Law" and "professional ethics and practice discipline of lawyers norms" provisions of the parties to make unrealistic promises, fraud and misleading the parties.
counsel shall nose clean and cherish the reputation.
18, lawyers will not defame counterparts. Some lawyers in order to demonstrate their fight for football case, the source not hesitate to slander peers. In fact, to belittle someone else to play down their own, only to raise others to elevate themselves. The level and reputation of lawyers is not to say, but something made out of.
19, counsel clients receiving commission, we must make the case transcript received. Enrolled in the transcripts to the parties on the entire case a certain time, place, after the results and so on, faithfully recorded in, and then let the parties signed press fingerprint. Complained that lawyers do not try to avoid parties or omissions on important matters, to the party causing unnecessary losses.
20, lawyers and the parties signed a "trust agency agreement" must be clear, specific and operational. Do not be the easy way, but casually signed the agreement. We should know that the agreement is a lawyer and his client rights, obligations and responsibilities of the most direct and favorable evidence. In particular, setting out in detail both the rights, obligations, breach of contract duty, fees and other standards and dispute settlement.
the parties who are asking when we are human beings, and we fell out of the time is not of people.
21, lawyers and clients must sign the "power of attorney." Commissioned lawyers to accept clients, be sure to let the parties to sign a power of attorney as much as possible to avoid the temporary needs, also a lawyer and can not even come out. Moreover, the power of attorney must be set out in detail the permissions granted to the parties for lawyers and deadlines. Must not write in general terms the general agent or sole agent.
power of attorney must be autographed by the parties, and press fingerprint, lawyers must not sign on behalf of. Moreover, the power of attorney to write a certain extent on the lawyer's contact phone number. Power of attorney set out in the first instance can not be full agents, second-instance full implementation of agents and agent, to know that this is a lawyer to hire their own Zuishou.
22, counsel must be left parties (including but not limited to the plaintiff, defendant, third person, the appellant, appellee, the applicant, by the applicant and the other agents) of the telephone, to facilitate timely communication.
23, counsel must be left contractors (including but not limited to policing, prosecutors, judges, law enforcement officers, identification officers, the arbitration personnel) calls.
24, counsel must prepare a booklet. In a timely manner and I have, the professional or key personnel relevant to this field, the latest information on all the mind. "Pay attention everywhere are learning," lawyers should be a caring people.
25, a lawyer in criminal cases must be self-discipline. Lawyer criminal suspect or the accused, must comply with pretrial detention centers, detention centers, labor camp or prison shall not pass to the client letter, note, delivery of cash, cell phones, and even cigarettes, and so to avoid "lit upper body"; lawyer shall not abetting criminal suspect or defendant fabricated the fact that perjury, you can actively mobilize the parties with the lawyer came to light the illegal activities of others to strive for lighter or mitigated punishment.
if others suspect or accused of beatings, abuse or acts of torture, the lawyer should promptly complained to the authorities.
26, lawyers meet with the suspect or accused, we must make the meeting transcript. After the meeting, must let the criminal suspect or defendant, after reading transcripts of the meeting, sign, and press fingerprint.
27, criminal cases at the prosecution stage, counsel must be inspection, copying materials, litigation documents and technical reports. If a lawyer was found in doubt, it is necessary and timely communication with the principal prosecutors made the point, practical legal advice, and earnestly safeguard the legitimate rights and interests of the accused.
28, criminal cases at the trial stage, counsel must be inspection, copying the relevant evidence. To communicate actively with the trial judge made the defendant a favorable legal opinion, and personally met with the defendant for advice, verification of evidence, to maximize the maintenance of the defendant's legal rights.
29, criminal cases, lawyers do not as much as possible the transfer of evidence, if necessary, may apply in writing request the court to retrieve and verify relevant evidence to enhance the lawyer's own protection. If you do need to solicitor to investigate the evidence, there should be two fellow solicitors.
30, counsel must appear in court on time and ready to copy all the evidence and the trial procedures.
lawyers try not to keep the evidence submitted by parties to the original, original will certainly kept by the parties. Avoid loss or damage to the original party losses, lawyers can only eat Yaba Kui.
31, before the trial, counsel must notify the parties in advance. Allow the parties sufficient time or time for a reply of the respondent, and advised the parties must bring along their identification documents and all the original evidence, appear in court on time, to comply with court discipline.
32, counsel as much as possible to require a person to participate in court proceedings. Counsel as an agent, but are familiar with relevant laws and evidence of specific facts and details and feelings, lawyers, very difficult to achieve fully informed.
if the parties to appear, then, on the one hand so that the parties feel the atmosphere of the trial, know that lawyers pay and good intentions cherished; the other hand, the best understanding of the parties on the merits, reflecting the fact that the most accurate, more is conducive to safeguarding the legitimate rights and interests of the parties.
33, the vital interests of the parties involved in litigation punishment behavior (eg, withdraw an accusation, mediation, enforcement of a settlement and implementation of the termination, etc.), we must obtain the consent of the parties, written consent of the better.
Do not think that they are full agents in respect of the rights of the parties can dispose of, in principle, the lawyers will not be easy to call the shots or abandoned, or else endless troubles.
34, lawyers try to avoid the risk of agents. Although the risk of late cases of the interests of agents is very tempting, but often also a trap. After counsel evidence, filing a case, the first trial, second trial (even retrials) and the implementation of the lawyers spend a lot of manpower, material and financial resources, may end up because they could not implement, resulting in wasted all the work.
Moreover, according to the National Development and Reform Commission and Ministry of Justice jointly developed "lawyers fees management approach" requirement and implement risk-agent fees, the maximum fee shall not exceed the amount of fees the contract subject matter the amount of 30%.
lawyers in the implementation of the agreement must be expressly agreed reimbursement of the commission approach is based on the amount of commission back, or by total amount of commission? When is the first paragraph to the commission, or was, when a sum of money to the commission? "Beware not be a big mistake, be careful driving have thousands of years boats," not sloppy.
35, trial lawyers, we must make full preparations. Lawyers all the work, will ultimately show up in court. "Stage one minute, the audience ten years of practice," diligent and responsible lawyer, never fight uncertain wars.
36, lawyers are unable to use their experience in handling cases. Experiences in handling cases is important, but experience can sometimes kill. Litigation with each passing day, the law after another, different regions, different courts, different judges, even though the same court different from the same district judge, in recognition of mixed pairs of laws, regulations, understanding of bias, leading to the same case made by the different judgments.
lawyers must at all times maintain a low profile, I believe that experience, but not blind faith in the experience of worship but do not rely on the authority of the authority will be more acts.
37, trial counsel must submit a written pleadings, agent or defend the word word. Can not be the easy way, rule of thumb agents, defense. "Good memory better than a bad ability to write" good eloquence also require careful thought and have a better play.
lawyers in signing his trial transcript, be sure to pleadings, agents word or words to the judge the defense to the judge in the magistrates reference.
38, who need secondary, or even several court cases, lawyers must be careful to deal with. Some lawyers believe that concluded an Appeal on the end of the story, in fact, some cases of the judges in order to verify some important circumstances, need to sit on many occasions.
lawyers should not be careless or complacent.
39, the case for the appeal, counsel also has the authority to take new evidence to inform a new witness or expert to appear. Do not think that the first trial have worked hard, and the second trial will certainly be commuted or the sentence was upheld.
court and fight like there is no fixed number, only the variables. "Contempt for the enemy to be strategic and tactical, we should attach importance to the enemy\
40, unable to obtain evidence for the lawyers, we must apply to the court to retrieve. If the courts are reluctant to evidence, counsel should obtain a survey issued by a court order.
court to fight the final analysis, the evidence, counsel had only mastered Indeed, sufficient evidence that it can win.
41, an attorney and client is always to maintain a certain distance. Do not think so many contacts, that is, a good friend; Do not think that feelings are strong, is a brother.
party is always a party, an agent will always be an agent. Solicitor and his client did not distance, is a lawyer of the most dangerous time.
42, lawyers will always be clean and self-discipline, keeping oneself clean. Lawyers will not be because it has organized a beautiful case, the complacent, arrogant. Do not accept an invitation to dinner parties, the parties do not accept gifts. "Take someone's hand is short, eat other people's soft in the mouth."
Lawyer's reputation and the case of the source relied on their ability, quality and reputation. Good word of mouth is the lawyer's gold signs.
43, if the case can not be a normal due to objective reasons, the progress, lawyers and clients should be clearly explained. To terminate the contract, both parties must sign to terminate the agreement.
44, the parties to pay the agency fees, solicitors must be issued by the formal invoices; lawyer litigation costs paid on behalf of clients, lawyers must be properly safeguarded and promptly transmitted to the parties.
case by the lawyer produced the necessary and reasonable travel expenses, room and board fees, appraisal fees and copying fees, lawyers must keep the relevant instruments, easy and timely reconciliation of the parties.
45, lawyers will not be gullible clients one-sided, not emotional. Parties often just say to their own advantage, and, with a strong subjective.
counsel as an agent, we should keep a cool head, to taking of evidence as a basis for the law in force as the criterion. Commissioned by the parties, but also from the ideological left and right parties.
46, counsel received a major, complex and difficult cases should be carefully studied. Organizational peers, experts, mass demonstration to develop practical programs can not be blindly optimistic, go it alone.
47, counsel to keep learning every day from scratch. Good lawyers are good lawyers to learn, according to the case of normal contact, multi-thinking, multi-sum, multi-consult, multi-absorbed.
48, lawyers learn to create their own circle, and the media to maintain good relations of cooperation. Counsel should regularly participate in seminars, sharing sessions, seminars and training activities, more contact with insiders and the media more to publicize himself, packing their own, multi-published an article (or monographs), multi-master the latest information. Friends is the largest capital, information is the most valuable asset.
49, a lawyer at all times uphold the image of lawyers as a whole, and resolutely with all the harm the overall interests of the fight. Learn to respect the older generation and learn to care about young man, with colleagues, friends, relatives and the parties to create a harmonious relationship.
50, a lawyer Aode Zhu lonely, withstood the pressure, withstand the temptation, victorious war itself.
\I believe your choice, raising the warrior's style, constantly temper themselves, constantly outdo themselves, persevere until success.

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